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Total number of document(s): 10

Section/Page: EDT/EDT1,EDT2

South China Morning Post


Transsexual loses legal bid for right to marry

Date: 2010-10-06 Author: Joyce Man and Phyllis Tsang

Transsexual loses bid for right to marry Ruling brings calls for change on minorities A transsexual woman yesterday lost her landmark challenge against a law that bars her boyfriend, but her case could become a catalyst for change. her from marrying

A judicial review filed by the woman, identified only as W, challenged the government's refusal to allow her to register a marriage with her boyfriend. It was dismissed in the Court of First Instance yesterday.

Despite ruling against the application, Mr Justice Andrew Cheung Kui-nung consult the public on the broader issue of transsexual rights.

urged the government to

"It is hoped that this case will serve as a catalyst for the government to conduct general public consultation on gender identity, sexual orientation and the specific problems and difficulties faced by transsexual people, including their right to marry," Cheung said. It also brought a call for the Law Reform Commission to conduct a study on the rights of homosexuals and transsexuals in the city. That came from lawmaker Alan Leong Kah-kit, who said public opinion should be sought and the city's law needed to be updated in line with the changing values of the times.

"The government cannot keep its head in the sand any more when it comes to transsexuals, gays and lesbians - it should seek public opinion on this as soon as possible," he said.

Human Rights Monitor director Law Yuk-kai agreed that it was time for action on an issue the government had for a long time avoided. He supported a public consultation to gauge opinion on transgender and homosexual rights.

"The Hong Kong government has swept this issue - which is socially and politically sensitive - under the carpet. It even gives religious groups the idea that the government is on their side," Law said. He said his group was worried about a statement in the ruling - that public consensus and acceptance was necessary for transsexuals to be allowed to marry in Hong Kong. This, Law said, was inconsistent with minority rights principles and could give the public the wrong impression when it comes to basic human rights.

Although the judge acknowledged there was a legislative gap that needed to be filled, Cheung said it was not for the court to resolve. He said he hoped the government would not view the ruling in the case as simply a victory.

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Section/Page: EDT/EDT1,EDT2

South China Morning Post

Date: 2010-10-06 Author: Joyce Man and Phyllis Tsang

The transsexual at the centre of the case, who is now in her thirties, says she felt she was female from a young age. From 2005 to 2008, she underwent the procedures necessary to change her gender. That involved psychiatric assessment, hormonal treatment, an orchidectomy to remove the testicles, and sexual reassignment surgery. She also changed her name and gender on her identity card and academic records at the institution where she was studying.

In her filing, she argued that the government had wrongly regarded her as a man under the Marriage Ordinance - and that its provisions were unconstitutional.

After the ruling yesterday, she said she was confused and disappointed. "I wish to be treated like any other woman. With one hand the Hong Kong government gives me that hope, yet with the other it takes it away," she said. She will appeal against the decision and will not get married abroad. The government community. responded that it would "need to, and will continue to" listen to the views of the

While acknowledging the need for public consultation on the issue, the judge said no evidence had been brought in the case of an emerging consensus or general understanding that it was acceptable for transsexuals to marry in Hong Kong. Without that, Cheung said, the court could not assume the latest attitudes to marriage and bring the traditional understanding up to date.

He said W had not proven that the modern definition in marriage of "man" and "woman" included a transsexual who has undergone a sex-change operation.

But W said she was concerned that the court appeared to have confused her wish, as a transsexual, to marry her boyfriend with the issue of same-sex marriage.

That worry was shared by Choi Chi-sum, general secretary of Christian concern group the Society for Truth and Light. Choi said the debate should be clear - transsexual marriage should not be mixed up with same-sex unions.

"The general public should have more discussion focusing on transsexual marriage it makes the situation very complicated," Choi said.

{hellip} otherwise

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Section/Page: HK Today/H01

China Daily Hong Kong Edition


Court rejects right of transgender to marry

Date: 2010-10-06 Author: Timothy Chui

If the law is to be changed, it has to be done by the legislature: Judge By Timothy Chui China Daily The High Court has denied a transsexual woman the right to marry her boyfriend, saying it is up to the legislature to set societal norms for defining gender - not the courts. The woman, identified in court papers only a W, underwent transformative surgery with government assistance. Her Hong Kong Identity Card and school documents were altered to accommodate her changed gender. The law however does not permit amendments of the certificate of birth - and because her birth certificate identifies her as male, she was denied the right to marry a man. Ws lawyers, in applying for the judicial review in October 2009, argued the words postoperative transsexual should be added to the Marriage Ordinance. Failing that, the ordinance should be found in breach of the citys constitution, the Basic Law, which guarantees the right to marriage for residents. In a more-than-100-page judgment, High Court Justice Andrew Cheung Kui-nung wrote, allowing a postoperative transsexual to marry ... would be tantamount to sanctioning same sex marriage. Not only would this be a fundamental departure from the traditional concept of marriage ... there are wider implications, he said, referring to homosexual and lesbian couples. Cheung also noted there was the question of where to draw the line for transsexuals since there were off varying degrees ranging from cross-dressers to those who underwent hormone therapy and surgery to alter the bodies. He wrote there were other knock-on effects to consider such as child care, criminal law, prison regulation, sport, the need for public decency and birth certificates. If the law is to be changed, it has to be done by the legislature in a comprehensive manner, Cheung wrote, adding the Legislative Council was a better venue to determine the relevant contemporary societal consensus. He said Ws ability to change her ID card was not a recognition of her acquired gender but for identification purposes, while her publicly funded treatment was not a sign of an emerging societal consensus but was medical treatment for an unfortunate condition, referring to gender identity disorder. Ws lawyer Michael Vidler said the court confused her wish to marry as a woman with the issue of same-sex marriages, adding she had not asked for a same-sex marriage but for the same right of other women in Hong Kong to be able to marry her boyfriend. Saying she was confused and disappointed by the ruling, W wrote in a statement, I wish to be treated like any other woman. With one hand the Hong Kong government gives me that hope, yet with the other it takes it away. I wish to be treated like any other woman. With one hand the Hong Kong government gives me that hope, yet with the other it takes it away. W, transgender woman who appealed for the right to marry

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Section/Page: Front Page/P02,P06

The Standard
'The ball's in your court'

Date: 2010-10-06 Author: Colleen Lee and Serinah Ho

A transsexual's bid to marry her But in putting a block on marriage see the verdict as a victory. He urged it to seek public views on

boyfriend has been rejected by the High lines, Justice Andrew Cheung Kui-nung similar sensitive gender issues.

Court. told the government not to

The Chinese woman - "W" under anonymity rules - said she is "confused and disappointed" by the decision and plans to fight on for rights in her new gender. In dismissing W's application for a judicial review, Justice Cheung said there had been insufficient evidence in the case "to demonstrate a shifted societal consensus in present-day Hong Kong regarding marriage to encompass post-operative transsexual." He also said no general consensus has been reached or is emerging from the International Covenant on Civil and Political Rights. Justice Cheung added that "the court must not rush to substitute its own the government or legislature in Hong Kong."

among contracting parties to judgment in place of ...

It "is certainly hoped that the government will not view the result of this litigation as simply a victory; particularly not as a victory over those who have the misfortune to be suffering from transsexualism," he wrote in his judgment. "Rather, it is hoped that this case will serve as a catalyst for the government to conduct general public consultation on gender identity, sexual orientation and the specific problems and difficulties faced by transsexual people, including their right to marry." For W, however, the fight is still on. matter what it takes, she vowed. She will "legally" marry her boyfriend in Hong Kong no

"I'm not going to get married elsewhere. I am a Hong Kong resident and beloved boyfriend here. "Transgendered people are being discriminated against by Hong Kong

it is my right to marry my

law.

"On the one hand, the government gave me hope as I received a subsidy for my operation and was allowed to change the gender on my identity card and school certificates. "On the other hand, I was prevented Her solicitor, Michael Vidler, then W had approached him, Vidler said, marrying a man. from marrying my boyfriend." came in with some clarification. and his advice was that she would be breaking the law by he said. told transgender marriage

"She didn't go to the marriage registry but approached me for legal advice," "I wrote to the registry, telling them about W's case. That was when she was people are not allowed to get married. "The registry needs only a person's registration."

identity card - not birth certificate - for

Civic Party lawmaker and barrister Ronny Tong Ka-wah said he supports the right of transsexuals to marry as he believes the law should keep pace with changes in society. But he doubts political parties will support the idea as society is divided on the issue. The chairman of the Democratic Alliance for the Betterment and Progress of Hong Kong, Tam Yiu-chung, said the issue is indeed controversial. In fact, he said, the government must be careful when
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Section/Page: Front Page/P02,P06

The Standard
a transgender consultation.

Date: 2010-10-06 Author: Colleen Lee and Serinah Ho

mulling over whether to launch

Jimmy Sham Tsz-kit, a member of Rainbow Action, which champions the rights of sexual minorities, said he is angry as the court has shifted responsibility to the government. A spokesman for the government said it welcomes the judgment.

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Section/Page: Top News/A03

Shanghai Daily
HK court says no to transsexual's wedding

Date: 2010-10-06 Author: agencies

A HONG Kong court ruled yesterday against allowing a marriage between a transsexual female and a man in a case that has tested social tolerance in the Chinese city. In the verdict, the judge said a person had to have been a woman at birth to marry a man, but said also the ruling shouldn't be the decision of the courts alone. The individual, referred to as W in court, was born male and underwent sex change. While W's gender was reclassified on her Hong Kong identity card, her birth certificate wasn't and still describes W as a man. Speaking after the ruling, W's lawyer said she'd appeal. "She is determined to be treated as a woman and accorded the same rights as a woman," said Michael Vidler to reporters. Government figures show that 12 people changed the gender classification on their identity cards in the island city last year. "She still cherishes the hope that she'll be able to marry her boyfriend. Maybe not today but in the near future and not after 10 years of consultations, government procrastination or inactivity," Vidler added. "I am in love with him. Marriage is something to guarantee a relationship between a man and a woman," W told Cable Television in a telephone interview. "This is a woman's right and I am a woman ... I feel the government is discriminating against us a little."

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Section/Page: EDT/EDT2

South China Morning Post


Case seen as first step for transgender people in HK

Date: 2010-10-06 Author: Phyllis Tsang

Despite being disappointed by a Hong Kong court's ruling yesterday that a transsexual woman, W, cannot marry her boyfriend, fellow transsexuals see the case as a first step to winning greater understanding.

But they also know they still have a long way to go. Transsexuals face difficulties in the workplace, with their identity records and even tax. "The current situation is ridiculous. The medical and governmental systems admit the needs of transsexuals, providing sex-assignment surgery for those that have such needs, but deny them their basic human rights for getting married," said Joanne Leung, who had an operation to become a woman a year ago. Leung, a spokeswoman for the Transgender Resource Centre, said most of the complaints the group had received since it was set up in 2008 had been about workplace discrimination. One complainant was sacked during a year-long sex-change. A Christian, Leung said she was once rejected for a course on theology after submitting application documents, despite positive feedback after an interview. "I don't know whether it was related to my transsexual history," she said. Overall, she feels Hong Kong society is becoming more accepting of transgender people. "We hope society is starting to have more understanding on transgender issues," Leung said. "Although we are disappointed on the ruling, we do not lose the courage to fight for this." She said that about 200 people were now seeking gender-identity medical services from public hospitals, and about 8,000 had registered for a cross-dressing website. Leung's name and gender were changed on her identity card after the surgery, which she had in a Hong Kong public hospital last year, but she cannot avoid revealing her personal history in all daily life.

"My academic records reveal my history," she said. "I studied in a boys' secondary school and there is a rule that the name on my academic certificate from Polytechnic University cannot be changed." But she says that her colleagues at her main workplace are "really nice" and accepting of her identity. "At first they might feel a bit uneasy, but later are more understanding of my situation," she said. Understanding is a two-way street, she says. "Acceptance from the public can also help more transgender persons to understand and face their true selves." Since 1990, the Hospital Authority has provided medical services for patients with gender-identity disorders, including sex changes. Patients undergo two years' assessment before a clinical team decides whether surgery is required. The Hospital Authority said that in the past decade 32 patients had undergone the sex change operation in public hospitals. In 2002, the European Court of Human Rights, whose rulings apply to European countries, made a landmark ruling to allow transsexuals full legal recognition of their adopted sex. A British transsexual, Ms I, after her sex change. successfully challenged British law that denied her a state pension

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Section/Page: EDT/EDT2

South China Morning Post

Date: 2010-10-06 Author: Phyllis Tsang

The British government later changed the law, allowing transsexuals a new birth certificate after a sex change, allowing them to draw a state pension after age 60.

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Section/Page: HK Focus/P06,P07

China Daily Hong Kong Edition


Switching sides

Date: 2010-09-17

Some believe they were born with the wrong body. What follows is a painful odyssey that cannot end until they complete the transition, crossing to the opposite gender. Michelle Fei reports. This is my sister, Mo, said a middle-aged man, casually introducing the young lady standing beside him to his friend. Caught off guard, the lady stood frozen for a second and her eyes filled with tears. Her tears were tears of joy. It was the first time in her 28 years for Mo to be publicly recognized as a female by her elder brother. That was 15 months after she underwent sex-change surgery. Mo received genital reconstruction surgery which changed her physiological gender from male into female in December, 2008 at Ruttonjee Hospital. Her father, who didnt fully understand her behavior, had accepted the truth; her brother, who had strongly opposed the operation, didnt accept her new gender publicly until that day in March, 2010 when he introduced her as her sister. That was a precious moment ... so delightful to be called sister, Mo said happily. Dressed in a purple slip dress with her long black hair casually coiled up at the back, Mo looked the same as other Hong Kong women. To some extent she was even more feminine. Sitting in a coffee bar located in a bustling business district, Mo looked comfortable and able to enjoy her fully evolved gender change. However, it took years efforts to become comfortable and normal. Mo was born a male but never accepted that. As far as Mo was concerned she was a girl. She didnt discover the separation between her physical gender and soul gender until she was eight years old when physiological structure of different genders were taught on a physiology class. Mo was shocked by the harsh reality and prayed everyday for some miracle to correct her physical gender. Her journey of gender correcting began in 2006. As required by the citys Hospital Authority, Mo received a minimum two-year psychological consultation at a public hospital before being considered for the operation. The main purpose of the consultations is to verify that patients have a strong and continuous will to undergo a gender change and have no mental illness, according to Yuen Wai-cheung, the only sex reassignment surgeon in the SAR. He is also Chief of Surgery at Ruttonjee Hospital. Mo was required to dress and behave as a female during the first year of consultation. Later she was given approval to take hormones in order to help her adapt to the gender change. In general, the mechanism of sex reassignment surgery is to alter ones existing sexual characteristics and genital organs to that of the opposite sex. In Mos case, the first and also the most important surgery she received were a combination of feminizing genitoplasty, breast augmentation and laryngeal surgery. It feels like a dream come true, said Mo. She recalled the moment of waking up in the ward after the sex reassignment surgery, laughing loudly in the knowledge of finally fulfilling her dream of becoming a female, or in her words correcting to the gender she was originally supposed to be. At the same time, the post-surgical pain brought tears to her eyes. That was the happiest moment in my life no matter how much pain it cost, added Mo. Statistics provided by Ruttonjee Hospital showed that in the past decade, some 32 Hongkongers aged 20 to 40 have undergone sex-change operations at the hospital. Figures from the transsexual organization, Transgender Resource Centre, showed that there are about 200 transsexuals living in Hong Kong. What matters most is the psychology of gender identity, said Yuen, stressing that the operation brings about only physical changes; it is the last step of gender identity change. Psychological transsexuals have decided long before their operation that they belong to the opposite gender.

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Section/Page: HK Focus/P06,P07

China Daily Hong Kong Edition

Date: 2010-09-17

I used to have uneasy feelings towards sex-changing during the first few surgeries, admitted Yuen, who has been a specialist in the field since 1987. I was confused about why I should operate on healthy human beings, why I should remove fine organs. Yuens initial concern may be shared by many Hongkongers. For Wong, 30-year-old FTM (female to male transsexual) who can only be identified by his surname, publics misunderstanding towards transsexuals started from the term, sex change. The word sex-changing is actually a rather insulting one, said Wong. For us, it is sexaffirmation rather than sex-changing. We didnt alter to become monsters or something, on the contrary, we finally returned normal. Like most transsexuals, Wong started to realize something wrong with his gender from the time he was young. After living a so-called dishonest life for 30 years, in 2007, Wong decided to undergo genital reconstruction surgery to return to normal. Its simply like you were born without ears, youve been sick of living in such an incomplete body as a freak, said Wang. If I died on the operating table, Id be very happy as I die in a normal and complete body. Post-operative transsexuals can have their gender changed on their identity cards, bank cards, university graduation certifications, etc., with official authorization from the SAR government. However, they are not allowed to change the gender cited on their birth certificates. This anomaly gives rise to some difficult and even bizarre circumstances when it comes to getting married. In a landmark case, a transsexual identified as only as W, sought relief through the courts after she was banned from marrying her boyfriend on grounds that the gender shown on her birth certificate was male and same-sex marriage is not permitted under the SARs Marriage Ordinance. Getting married is one of the most important rights of citizens, however, the right for transsexuals, who should enjoy equal rights with common citizens, has been violated, said Chong Yiu-kwong, chairman of Hong Kong Human Rights Monitor, arguing that the citys Marriage Ordinance is inconsistent with the Basic Law and the Bill of Rights. The government has officially accepted their post-operative gender by authorizing gender change on their identity card, etc., yet banned them from changing the birth gender. This is selfcontradictory, added Chong. The government is committed to the promotion of equal opportunities for people of different sexual orientations and gender identity, a spokesman of the Constitutional and Mainland Affairs Bureau responded to the above accusation. Regarding the case of transsexual W and the constitutionality of the Marriage Ordinance, the spokesman told China Daily that they are not in a position to comment as legal proceedings are underway. The governments concern, as stated at the court hearing into Ws case, is the widespread ramifications that Ws case would bring to the law and society, especially the impacts on traditions. Another concern is that Ws success in her case would make sex-change a phenomenon of greater significance. For Yuen, this worry is totally unnecessary. The surgery requires a firm determination and a huge amount of courage as the whole procedure was long and painful, said Yuen. Patients wouldnt come to me if they could stay with their born gender. The number of transsexual operations he has conducted has increased dramatically since 2007. Yuen believes this was partially related to the cancellation that year of integrated service for transsexual operations in Queen Mary Hospital. That included pre-operation psychological consulting and transsexual operations. Theres almost no psychological specialist in the transsexual field in Hong Kong nowadays since the cancellation, said Yuen, who urges that Hong Kong needs a more specialized team working on transsexual pre-operation psychological consulting. He believed that to be the key to distinguish
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Section/Page: HK Focus/P06,P07

China Daily Hong Kong Edition

Date: 2010-09-17

Hong Kong transsexuals from gays, Thai shemales and transvestites, thus to reduce publics concerns. A complete family must have babies, said Wong. Being Mr Wong for the third year, he dreamed of getting married to a nice girl one day and having their own baby. Though we might need some help from the sperm bank, as long as the baby has half a gene of my loved one, I will love him/her as my own child.

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Section/Page: Young Post/Y6

SCMP-Young Post

Date: 2010-09-09

Gender case stirs debate in the city A transsexual has taken the government to court after she was banned from marrying her boyfriend, write Mabel Sieh and YP intern Toni Leung

There is a saying that marriage is not about two people but two families. But it could be that the government is also part of the equation. Last month, a transsexual known as W took the Hong Kong government to court because she could not marry her boyfriend under Hong Kong law. A transsexual is someone who is born one sex, but feels they belong to the other sex. According to a report in the South China Morning Post, W had sex-change surgery a few years ago to biologically become female. But last year, the Registrar of Marriages ruled she could not marry her boyfriend. This is because her birth certificate - which cannot be changed under Hong Kong law still shows her to be a man. Same-sex marriages are illegal in Hong Kong, so the only person W can legally marry is a woman. After undergoing the sex-change operation at a public hospital, W was able to change her gender on her Hong Kong identity card but not her birth certificate. W's defence lawyer, Philip Dykes, said under the Hong Kong Bill of Rights and the Basic Law, every resident should have the right to marry. Michael Vidler, another lawyer representing W, also criticised the government for providing official transgender surgery and gender therapy in public hospitals but denying transsexuals' new identities. He also said the mainland, Singapore, Malaysia and Japan all allowed transsexuals to marry the opposite sex under their new gender. W's case - the first of its kind in Hong Kong - has created a heated debate. The International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA) - a non-governmental organisation fully supports the union of W and her boyfriend. Joanne Leung Wing-yan, a transsexual and ILGA member, said: marry. It is absurd that they cannot marry." "We feel that it is our basic right to

Leung was born a man but decided to have a sex-change operation. She thinks Hong Kong does not have a proper understanding of transgender and transsexual people, and this has had an impact on W's case. A definition by the government of marriage requiring a "real" man/woman has sparked protest from Rainbow Action, a group that promotes equal opportunities and fights for the rights of minorities.

"The [government's] argument that only those who have babies are 'real' women regards women as tools [of reproduction] and is highly offensive and hurtful," says Rainbow Action member Noel Chen.

Leung says some transgender or transsexual people do not want to "come out" to their friends and family, let alone the public. They fear they will be ridiculed by society. So what do students think about the case?

George Ng Fung-shing, 18, a student at Australian International School, government's biological explanation. "As the chromosomes can't change even after the physical features have,

agrees with the W is still a man [after the

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Section/Page: Young Post/Y6

SCMP-Young Post

Date: 2010-09-09

surgery]. But I think the majority of people who are opposed to transgender marriage may be under the influence of their religions," says George. Dorothy Lam Chi-hung also says religion could play a part in people's views on marriage. "The Catholic Church has a huge influence over the Hong Kong government. And legalising this case would mean more cases to come. I'm not sure if this is what the government wants," says the 17-yearold student from Yew Chung International School. But Hugo Chan, another student from Australian International School, says: "I see transgender/transsexual couples as no different to other couples. To deny their right to marriage would be as absurd as denying other couples in Hong Kong." For Leung, there's still a long way to go before they are accepted. "We're only fighting for our basic civic rights," she says. "Our society lacks the knowledge of this topic. I see the case as an opportunity for people to recognise there are transsexuals. Hopefully they will understand us and accept our right to marry."

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Section/Page: Young Post/Y7

SCMP-Young Post
Up close with Joanne Leung Wing-yan

Date: 2010-09-09

Up close with Joanne Leung Wing-yan, a transsexual Young Post: What's the difference between "transgender" and "transsexual"?

Joanne Leung: Transgender individuals believe their gender at birth is not a correct or complete description of what they feel. A transsexual is someone who has undergone a sex-change operation or would like to have surgery or other treatments so that they will feel comfortable under their new gender. YP: When did you know you wanted to be a woman? JL: Many transsexuals feel they do not relate to their [biological] gender from a very young age but do not fight against it. I first realised this when I was about 10 years old. At the time, it was just a thought and I didn't think about a sex-change operation. YP: Why did you decide to undergo sex-change surgery? JL: It's a long story. I went through a lot of struggles and there was a lot of conflict in my mind. Our society does not accept our decision [of a sex change] and it is considered "abnormal". But when I couldn't fight the idea anymore, I decided to have the surgery. YP: How did your friends and family feel after you had your sex-change operation? could not understand my

JL: Most of my friends accepted it and supported me. Only a few decision and I explained it to them. As for my family, my mother was worried that the

operation would affect my health.

My sister was fine with my decision but felt a little uncomfortable. After the surgery, they accepted my new gender. YP: Has your sex change made it difficult for you at work or affected your daily life? job, but my boss and colleagues knew

JL: So far, I have not faced any difficulties. I just quit my about my sex change and did not have a problem with it. YP: Do you think

transgender and transsexual people are a minority in Hong Kong?

JL: Yes, definitely. It's hard to estimate how many there are because they don't go public, but it's a very small number. Compared to homosexuals, we are even more of a minority. Our voices had been rarely heard until W's case was exposed. YP: Do you want society to learn about transsexuals? How should it be done?

JL: The aim of ILGA is to educate the public about who we are. We have been working hard on this over the past few years. We hope to slowly cultivate an unbiased perception of transgender and transsexual people through the media. In the near future, we hope to share our experiences with secondary school students. Also, we would like to help transsexuals to feel comfortable about their new identity.

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Section/Page: CITY/CITY3

South China Morning Post


Transsexuals protest outside marriage registry for the right to wed

Date: 2010-08-23 Author: Ng Yuk-hang

A group of transsexuals took to the streets yesterday to air their grievances for the first time since a recent landmark legal case brought by a post-operative transsexual woman who wants to marry her boyfriend. Five transsexuals and five volunteers of the group Rainbow Action, who are anxiously awaiting a ruling in the case, said they were disappointed with the government's view that an important part of marriage is the role of the couple having sex and producing children. They said they felt hurt by the arguments put forward in court by Monica Carss-Frisk QC for the government. Carss-Frisk told Mr Justice Andrew Cheung Kui-nung in the Court of First Instance that the current definition of man and woman did not encompass transsexuals. A two-day hearing was held earlier this month in the case, brought by a male-to-female transsexual identified only as W, who challenged the Registrar of Marriages because it barred her from marrying her boyfriend. The judge reserved his decision. Rainbow Action staged its protest at the marriage registry at the Cultural Centre in Tsim Sha Tsui yesterday morning. Jimmy Sham Tsz-kit said they hoped Carss-Frisk would apologise for what she said in court, which was insulting and discriminatory. The group said transsexuals should enjoy equal rights to marry, and the ability to have children was irrelevant to marriage. Sham said it would be insulting to females if reproductive ability was considered to be what defined a real woman. The group hoped the public would be more considerate to transsexuals and would take the initiative to understand them better.

Copyright (c) 2010. South China Morning Post Publishers Ltd. All rights reserved.

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Section/Page: EDT/EDT10

South China Morning Post


Transsexuals face so much discrimination

Date: 2010-08-23

The court case involving a transsexual known as W, who is seeking the right to marry her boyfriend, has put the spotlight on this issue of transgender people. In the past few decades, attitudes have changed significantly towards transsexuals. In 1986, a specialist gender identity team was established at Queen Mary Hospital. Transsexuals are also able to amend the details of their Hong Kong identity cards. However, every day they encounter discrimination. They face an uphill task trying to find a job. Potential employers may be prejudiced against them. They live in a society where they can be subjected to verbal abuse and harassment. They are often not shown the respect they deserve. They sometimes feel stigmatised because they have had the reassignment surgery. All these problems can affect their psychological state. Some transsexuals may get so depressed that they consider suicide. Their plea to be given equal treatment gets little sympathy from the government or society as a whole. They are ordinary people and want to be seen as such. They want to be allowed to get on with their lives, but their needs are neglected. I do not believe that allowing transsexuals to marry gives the green light to A transsexual who regards herself as a woman should be accepted as a woman. same-sex marriages.

It has nothing to do with the issue of homosexuals marrying. It takes a great deal of courage and determination for a person to have reassignment surgery. It is not something that is done on impulse. Transgender people are entitled to the same rights as any other citizen. When looking at their lives, we should not be judgmental. Sandy Siu Wing-sum, Kwun Tong rights reserved. Copyright (c) 2010. South China Morning Post Publishers Ltd. All

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